M.Ramachandran, v. The District Collector,
W.P.(MD)No.12265 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12265 of 2017 M.Ramachandran ... Petitioner Vs 1.The District Collector, Kanyakumari District, Nagercoil.
2.The Chief Conservator of Forest, Forest Department, Chennai.
3.The District Forest Officer, Nagercoil, Kanyakumari District.
4.The Forest Range Officer, Kulasekaram Forest Range, Kanyakumari District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the fourth respondent and his men from interfering with the peaceful cultivation and living of the petitioner and his family in their settlement at Valayanthooki, Kadambamoodu, Kanikudiyirrupu, Kulasekaram Forest Range, Kanyakumari District. For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.M.Rajarajan Additional Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2.The prayer in the writ petition is rather general and sweeping in nature. The petitioner claims that he belongs to a forest dwelling community and that the respondents are illegally interfering with his peaceful living. The specific stand of the petitioner is that the petitioner is a railway employee and that he is engaged in cultivation inside the forest area. Encroachment of the forest area cannot be permitted. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.12265 of 2017 3.I can appreciate if the petitioner is a genuine forest dweller. When the petitioner on his own admission is a railway employee, the question of granting relief of the nature sought for in the writ petition does not arise.
4.I find no ground to grant relief. The Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Kanyakumari District, Nagercoil.
2.The Chief Conservator of Forest, Forest Department, Chennai.
3.The District Forest Officer, Nagercoil, Kanyakumari District.
4.The Forest Range Officer, Kulasekaram Forest Range, Kanyakumari District.
+1 CC to M/s.SPL GP ( SR-5642[F] dated 17/02/2021 ) W.P.(MD)No.12265 of 2017 16.02.2021 MJ(CO) TR(26.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2